Toledo, Wabash & Western Railway Co. v. Spangler

This was an action on the case, brought by appellee against appellant, to recover for injury to stock on the railway of the latter, alleged to have been occasioned by the neglect of appellant to fence its road and make suitable cattle-guards at a highway crossing.

No denial is made of the fact that the stock injured got on the track at a highway crossing, and it is not claimed that there were cattle-guards at the place, or that the road was fenced, but appellant insists that the highway crossing was within the limits of a village, and that the railway company was not bound to fence its road or…